As courthouses throughout the State of Maryland begin to reopen, while turning to remote evidentiary hearings for less complex matters, it may be time to think about a child support modification.
What happened to your income during the pandemic?
- Did it remain the same?
- Were you let go?
- Were you furloughed?
- Did you get additional employment?
- Did you get new employment?
If you are paying too much child support or if you have missed payments – or both – you really need that child support modification filed as soon as possible.
Child support is potentially modifiable retroactive to the date you file. You cannot get your child support modified until you file for modification!
Courts are going to start hearing these cases soon. You will want your case to be heard earlier, not later. As time passes, the likelihood that your prior income will be restored or that you will gain other employment increases. You want to file for child support when your income is lower to seek a lower child support amount.
If your income increases after your child support has been modified downward, it will be the responsibility of the other parent to seek an increase in child support. This will give you breathing room for affordability.
Many people ask if they can get relief from child support for the period of time before they file for a modification. The legal answer is no. The real answer? Maybe.
You can always go directly to the other parent and ask them to allow you to lower your child support for a period of time. Maybe they will say yes, maybe not. But why not try?
If you have a written agreement that requires mediation or another process for child support modification, you might be able to get that process started quickly, as well. Family law mediators are working hard to assist families during the pandemic, and there is good reason to try to resolve the issue without resorting to the courts, if possible.
Again, the major takeaway here is that you need to file for your child support modification as quickly as possible. Contact an experienced family law attorney as quickly as possible to get started.
Milstein Siegel can help you. Call us at (410) 792-2300 or fill out the form on this page to request additional information.
